Legal and Economic Theories in Competition Law
Competition law is heavily based on economic theories. Some legal theoretical arguments have occurred in connection with procedural justice in competition law and the criminalisation of cartels, where the need for legal theories is the most obvious. However, legal theories exploring competition-law concepts and terms such as ‘fairness’, ‘abuse’ or ‘misuse’, ‘cheating’ and ‘good morals’ are lacking in competition law. These concepts and terms need to be addressed by jurisprudence in order to, for instance, understand their meaning, apply the law correctly and set effective policy.
This project involves studies which aim to address this lack by utilising legal theories and methodologies, while incorporating and reflecting upon the existing economic theories and economic studies. Thus, the analysed issues and aspects of competition law are explored primarily through a consequence-sensitive, deontological approach. The project includes both individual and collaborative works.
- Jonathan Crowe and Barbora Jedlickova, 'What's Wrong with Cartels?' (2016) 44 (3) Federal Law Review, 401.
- Barbora Jedlickova, 'Beyond Economic Theories: Why Jurisprudence and Deontological Thinking Matter in Competition Law', The University of Western Australia, Law School Research Seminar Series, November 2016.
- Barbora Jedlickova, Resale Price Maintenance and Vertical Territorial Restrictions: Theory and Practice in EU Competition Law and US Antitrust Law (Edward Elgar Publishing Limited, UK 2016), Chapters 5 & 6.
- Barbora Jedlickova and Jonathan Crowe, ‘What’s Wrong with Cartels?’, Public and/or Private Lives, 2014 Law and Society Association of Australia and New Zealand Conference, Brisbane, December 2014.
The current collaborative work with Professor Jonathan Crowe is focused on conceptualising a legal theoretical framework for the misuse of market power, in particular, exclusionary conduct.